Gordon v. State
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District; Thos. C. Trimble, Judge; A verdict should have been instructed that the State failed to prove the charge and to find for defendant. Kirby’s Digest, § 2028. There is not a syllable of’ testimony as to the manner of the alleged “felonious, wilful- and of malice aforethought,” assault, nor. of an assault at all. There must be force or intimidation.
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Appeal from Prairie Circuit Court, Southern District; Thos. C. Trimble, Judge; A verdict should have been instructed that the State failed to prove the charge and to find for defendant. Kirby’s Digest, § 2028. There is not a syllable of’ testimony as to the manner of the alleged “felonious, wilful- and of malice aforethought,” assault, nor. of an assault at all. There must be force or intimidation. Ib., § 2026. There was no evidence of assault, or ill feeling or malice. 99 Mich. 336. The testimony is amply sufficient and defendant’s peremptory instruction was properly refused. 152 Mo. 124.…
1Opinion of the CourtSmith, J.
Appellant was indicted and convicted upon a charge of assault with intent to rob, alleged to have been committed upon and against the person of one T. H. Reed. By this appeal he questions the sufficiency of the evidence to support the verdict and the failure of the court to give instructions which, in effect, told the jury that the crime could not be committed without the use of force or intimidation, and that unless force or intimidation was used in the attempt to commit the crime, a conviction could not be bad. The court, however, read the statute defining the crimes of assault with intent…
2Cases cited3 opinions
- Routt v. StateSupreme Court of Arkansas · 1896
- Clary v. StateSupreme Court of Arkansas · 1878
- Barr v. StateCourt of Criminal Appeals of Texas · 1909
3Cited by6 opinions
- State v. SalaNevada Supreme Court · 1946
- Royal v. StateDistrict Court of Appeal of Florida · 1984
- Cooper v. StateSupreme Court of Arkansas · 1969
- Noble v. StateSupreme Court of Arkansas · 1938
- Martin v. StateSupreme Court of Arkansas · 1977
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